Our Insights on eDiscovery

I Tell Ya, Review Attorneys Get No Respect, No Respect at All: eDiscovery Trends

March 15, 2016

As the volume of data in the world doubles as frequently as every 1.2 years, the challenges to manage that data in discovery compound significantly as well. With review being the biggest component of the discovery process – as much as 80% of the cost of eDiscovery – review attorneys have become a significant participant in that review process (even in some cases where technology assisted review may be used). That doesn’t mean that review attorneys get the respect that they may deserve.

Plaintiff’s Failure to Demonstrate Allegations Leads to Summary Judgment for Defendant: eDiscovery Case Law

March 14, 2016

In Malibu Media, LLC v. Doe, in a case of dueling summary judgment motions, Illinois Magistrate Judge Geraldine Soat Brown denied the plaintiff’s motion for summary judgment, but granted the defendant’s summary motion in its entirety, concluding that the plaintiff had not presented sufficient evidence to prove its allegations of illegally downloading movies.

New Survey Shows Biggest Concerns of Legal Professionals Regarding Cloud and Shadow IT: eDiscovery Trends

March 11, 2016

A big topic during LegalTech New York (LTNY) last month were the issues and concerns associated with information governance (IG) as it applies to the use of “Shadow IT” applications, including those that are cloud-based. A new survey, actually conducted during LTNY, was released earlier this week that sheds light on those concerns of legal technology professionals.

Details Released on the New EU-US Privacy Shield: eDiscovery Trends

March 10, 2016

As we discussed last month, the EU-US Privacy Shield, an important new framework for transatlantic data flows was announced on February 2. Within the same month, the European Commission released details on the new trans-Atlantic data transfer arrangement.

Ralph Losey of Jackson Lewis, LLP: eDiscovery Trends

March 9, 2016

This is the eighth and final of the 2016 LegalTech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY this year to get their observations regarding trends at the show and generally within the eDiscovery industry. Unlike previous years, some of the questions posed to each thought leader were tailored to their position in the industry, so we have dispensed with the standard questions we normally ask all thought leaders.

Predictive Coding is Officially Approved in First English Case: eDiscovery Case Law

March 8, 2016

Last month, in Pyrrho Investments Ltd v MWB Property Ltd, citing the landmark DaSilva Moore case (among other authorities), Master Matthews approved the use of predictive coding, due to the “enormous” expense of manually searching through the three million electronic documents associated with the case. This is the believed to be the first time an English court has approved the use of predictive coding.

Pete Feinberg of Consilio: eDiscovery Trends

March 7, 2016

Today’s thought leader is Pete Feinberg. Pete is Senior Vice President of Product Strategy at Consilio, responsible for the overall product strategy and product management of Consilio’s products and services line. Prior to joining Consilio, Pete ran marketing for the largest vertical of Blackboard – a Washington DC-based education technology company. Prior to that, Pete served as vice president in various product, partner marketing and eCommerce roles at a variety of B2B software and B2C eRetail companies in the Washington DC area. Pete’s specialties are in guiding product strategy, bringing new products and services to market, representing the voice of the client as an executive “client advocate”, and guiding the service delivery organization to engage with clients not as a vendor, but instead as a trusted advisor.

Chris Dale of The eDisclosure Information Project: eDiscovery Trends

March 4, 2016

Today’s thought leader is Chris Dale Chris is director of the UK-based eDisclosure Information Project. Chris qualified as an English solicitor in 1980 after reading History at Oxford. He was a litigation partner in London and then a litigation software developer and litigation support consultant before turning to commentary on electronic disclosure / discovery. The e-Disclosure Information Project disseminates information about the court rules, the problems, and the technology to lawyers and their clients, to judges, and to suppliers. He was a member of Senior Master Whitaker’s Working Party which drafted Practice Direction 31B and the Electronic Documents Questionnaire. Chris is also a well-known speaker and commentator in the UK, the US and other common law jurisdictions.

Confidence in eDiscovery Business is Up and Here is the Most Comprehensive LTNY Review: eDiscovery Trends

March 3, 2016

This is a rare two-topic day, but both of these topics are interesting enough that I decided neither could wait. So today, we’re covering the results of Rob Robinson’s eDiscovery Business Confidence Survey and also Andrew Haslam’s very comprehensive report on LegalTech, titled LegalTech 2016 – Cloud, Consolidation and Cybersecurity.

Craig Ball of Craig D. Ball, P.C.: eDiscovery Trends

March 2, 2016

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs in the United States and abroad, having delivered over 1,700 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media and he teaches E-Discovery and Digital Evidence at the University of Texas School of Law. He currently blogs on eDiscovery topics at ballinyourcourt.com.